Subject to the deemed disposition, and often to a shareholders agreement compelling a sale at a set price.
The Canadian position
Subject to the deemed disposition, and often to a shareholders agreement compelling a sale at a set price.
Whether an asset passes through the estate determines both the probate cost and who ultimately receives it.
The Islamic position
The value the estate actually receives is what the shares apply to, and a buy-sell clause can fix that below market.
The fixed shares apply only to the net estate. Anything passing outside it is never divided by faraid.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
What to do about it
- Confirm how your private company shares is currently held or designated.
- Decide deliberately whether it should follow the shares.
- Take tax advice before changing a designation.
- Re-check whenever the will changes.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- T3 Trust Guide — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Discretionary vs fixed interest trust ontario — Treadstone Law
- Deposit held in trust ontario — Treadstone Law
- Distributing trust property to beneficiaries tax free canada — Treadstone Law
- Trustee vs executor ontario key differences — Treadstone Law
- Estate trustee indemnity insurance vs bond ontario — Treadstone Law
- Testamentary trust vs inter vivos trust tax rates — Treadstone Law
- Wills & estates practice — Treadstone Law